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21 Indus. L.J. (Juta) 2174 (2000)
Swaziland's New Industrial Relations Act 2000: A Legal Response

handle is hein.journals/iljuta21 and id is 2280 raw text is: Swaziland's New Industrial Relations Act 2000: A Legal Response SIFISO P DLAMINI* During the years preceding 1998, there was a general feeling among a vast majority of the key players in Swaziland's labour law and in- dustrial relations circles that a Industrial Relations Act 1 of 1996 was not a proper basis for the sound regulation of industrial relations.1 The country was also not spared from ILO criticism, which centred on the fact that Swaziland should consider radically amending its labour laws to place them in line with ILO conventions to which it was a signa- tory.2 It was also felt by industrial relations players that the time had come for new labour legislation which would not only be in line with current international standards, but which would also manifest the prevailing objectives and philosophies in Swaziland. After intensive debates and deliberations a representative drafting committee which was tripartite in nature was appointed by the Labour Advisory Board (LAB) in November 1997 to draft an Industrial Relations Bill to be negotiated by the various stakeholders for adoption. The terms of reference of the committee gave it the power, inter alia, to work hand in hand with an ILO expert, Professor Evance Kalula, in reviewing the Industrial Relations Act 1996. In carrying out the above brief, the committee was charged with the duty to promote harmonious industrial relations, fairness and equity, the right to freedom of association and the right to assem- bly, the provision of mechanisms and procedures for speedy resolu- tion of disputes, protection of the right to collective bargaining, adherence to international labour standards3 and the stimulation of a self-regulated system of industrial relations and self-governance.4 * BA Law (Uniswa) LLB (Rhodes) LLM (Natal), Former Part-time Lecturer in Law, University of Swaziland, Deputy Executive Director, Federation of Swaziland Employers, Advocate of the High Court of Swaziland. ' The reason for this was, inter alia, that the Industrial Relations Act of 1996 was not a product of consensus between the social partners but was imposed on them by the government. One of the main perceived problems with the 1980 Act was a string of devastating stay-aways by labour. There was a misconceived impression on the part of the authorities that these destructive stay-aways were caused by a lack of firm laws. Thus in passing the 1996 Act, the aim was to tighten the procedures for engaging in lawful strike action and to put in place stiff penalties for industrial action not in conformity with the Act. In doing so the officials overlooked the important point that the main reason why the country was experiencing industrial unrest was because of political instability. 2 The ILO Direct Contact Mission, during its visit to the country, which took place from 30 September to 4 October 1996, noted some discrepancies between the Industrial Relations Act 1996 and the ILO Convention 87 on freedom of association and Convention 98 on the right to organize and bargain collectively, both of which the country ratified in 1978. 3 Swaziland has ratified about 31 ILO conventions. See the Department of Labour Annual Report of 1997. The ILO Direct Contact Mission which was in the country in 1994 also recommended that Swaziland should stop ratifying more conventions but instead must comply with those conventions which it had already ratified. 4 See s 4 of the Industrial Relations Act 2000. 2174

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